California Supreme Court, 1856

Schwartz v. De Wit

Schwartz v. De Wit
California Supreme Court · Decided November 18, 1856 · Heydenfeldt, Murray, Terry
1 Cal. Unrep. 40

Schwartz v. De Wit

Opinion of the Court

HEYDENFELDT, J.

— The plaintiff was entitled to judgment against- the defendant, who failed to answer, and this makes the nonsuit erroneous. The court below was certainly right in correcting this error by setting aside the nonsuit and ordering a new trial. In another trial the plaintiff may obtain in the district court that which he seeks, and therefore this appeal is not properly taken.

Order affirmed.

We concur: Murray, C. J.; Terry, J.

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